Erie County District Attorney John Flynn
announced Saturday that officers Robert McCabe and Aaron Torgalski are facing one count each of second-degree assault. Both officers have pleaded not guilty.
Flynn said the severity of the charge, which carries a penalty of up to seven years in prison, is partly because of the age difference between the protester and the men charged. In the video, the officers appear to shove and injure Martin Gugino, 75, outside of City Hall as their fellow officers walk past.
"It's black and white in the letter of the law," Flynn told a news conference. "It says right there, anyone who's a victim 65 years or older and the perpetrator is [at least] 10 years younger — it's a felony.“
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The officers have not publicly come forward to explain the mass resignation. John Evans, president of the Buffalo Police Benevolent Association,
told local NBC affiliate WGRZthe reason was "disgust because of the treatment of two of their members, who were simply executing orders."
Another local media outlet,
ABC affiliate WKBW, cited a pair of unnamed members of the ERT who contradicted the union's explanation, saying the resignation "has nothing to do with us supporting" the pair of suspended officers. Rather, the resignations, according to one officer, came because the union is not "legally backing us anymore."